Must False Advertising Claims Be Pleaded With Particularity Under Rule 9(b)? Maybe

The U.S. District Court for the District of Colorado on Oct. 9 attempted to bring clarity to an issue that has confounded district courts: whether claims alleging false advertising under the Lanham Act need to be pleaded with particularity under Federal Rule of Civil Procedure 9(b) (Cocona, Inc. v. Singtex Indus. Co., 2014 BL 286328, D. Colo., 1:14-cv-01593-MJW, 10/9/14).

However, the court’s resolution, which relied on imported precedent from the Ninth Circuit, was far from a bright line standard as the applicability of Rule 9(b)—which governs allegations of fraud—would hinge on the nature of the plaintiff’s claims.

“This ...